82R3271 MXM-D
	By: Larson	H.B. No. 431

	A BILL TO BE ENTITLED
	AN ACT
	relating to the adoption of a county charter by Bexar County.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.   Title 3, Local Government Code, is amended by
	adding Subtitle C to read as follows:
	SUBTITLE C. COUNTY CHARTER
	CHAPTER 92. COUNTY CHARTER IN BEXAR COUNTY
	Sec. 92.001.  APPOINTMENT OF CHARTER COMMISSION BY
	COMMISSIONERS COURT. (a) The Commissioners Court of Bexar County
	may at any time appoint the members of a commission to draft a
	charter under Section 64A, Article III, Texas Constitution. The
	appointed members shall represent:
	(1)  the unincorporated area of Bexar County; and
	(2)  municipalities, other than San Antonio, located
	wholly or partly in Bexar County.
	(b)  If the Commissioners Court of Bexar County is notified
	of the intention of the governing body of San Antonio to appoint a
	charter commission under Section 92.002(a) or if the commissioners
	court is petitioned to appoint a charter commission under Section
	92.003, the Commissioners Court of Bexar County shall appoint the
	members of a commission to draft a charter. The appointed members
	shall represent:
	(1)  the unincorporated area of Bexar County; and
	(2)  municipalities, other than San Antonio, located
	wholly or partly in Bexar County.
	Sec. 92.002.  APPOINTMENT OF CHARTER COMMISSION BY SAN
	ANTONIO GOVERNING BODY. (a) The governing body of San Antonio may
	at any time appoint the members representing San Antonio on a
	commission to draft a charter for Bexar County under Section 64A,
	Article III, Texas Constitution.
	(b)  The governing body of San Antonio shall appoint the
	members representing San Antonio on a commission to draft a charter
	for Bexar County if the governing body is notified of the
	commissioners court's intention to appoint a charter commission
	under Section 92.001(a) or 92.004(b).
	Sec. 92.003.  INITIATION OF CHARTER PROCESS BY PETITION. A
	petition for the appointment of a charter commission must:
	(1)  be filed with the office of the county clerk of
	Bexar County;
	(2)  be signed by a number of registered voters of Bexar
	County at least equal to 10 percent of the number of votes received
	for governor in the county in the most recent gubernatorial
	election; and
	(3)  comply with the applicable requirements of general
	law relating to a petition authorized or required to be filed in
	connection with an election.
	Sec. 92.004.  VERIFICATION OF PETITION. (a) Not later than
	the 30th day after the date the petition is filed with the county
	clerk, the clerk shall determine whether the petition meets the
	requirements of Section 92.003 and shall certify in writing to the
	commissioners court whether the petition is valid or invalid.
	(b)  If the county clerk certifies that the petition is
	valid, the commissioners court shall make its appointments to a
	charter commission not later than the 120th day after the date the
	commissioners court receives the clerk's certification.
	(c)  If the petition is certified as invalid, the county
	clerk shall state the reason for that determination. A person
	circulating the petition has 60 days after the date of
	certification to submit additional petitions or signatures to cure
	the determination of a deficiency, and the clerk, not later than the
	21st day after the filing of the additional petitions or
	signatures, shall determine whether the additional petitions or
	signatures are sufficient to cure the deficiency and shall certify
	that determination to the commissioners court.
	Sec. 92.005.  NOTIFICATION TO POLITICAL SUBDIVISIONS. (a)
	Not later than the 30th day after the date the commissioners court
	is required to appoint a charter commission under Section 92.004(b)
	or after the date the commissioners court decides to appoint a
	charter commission without a petition under Section 92.001(a), the
	commissioners court shall give notice to the governing body of each
	municipality having any portion of its area in Bexar County of the
	commissioners court's intention to appoint a charter commission.
	The notice to the governing body of San Antonio must specify the
	number of commission members who are appointed to represent San
	Antonio on the commission under Section 92.006.
	(b)  Not later than the 30th day after the date the governing
	body of San Antonio decides to appoint a charter commission under
	Section 92.002(a), the governing body of San Antonio shall give
	notice to the commissioners court and to the governing body of each
	municipality having any portion of its area in Bexar County of the
	San Antonio governing body's intention to appoint a charter
	commission. The notice to the commissioners court must specify the
	number of commission members who are to be appointed to represent
	other municipalities in Bexar County and the unincorporated area on
	the commission under Section 92.006.
	Sec. 92.006.  COMMISSION COMPOSITION. (a) The members of
	the charter commission shall be divided between members appointed
	by the governing body of San Antonio and members appointed by the
	commissioners court, as nearly as possible based on the ratio of San
	Antonio's population in Bexar County to the population of the
	remainder of Bexar County. The total number of members of the
	charter commission shall be determined by the commissioners court
	if the court initiates the appointment of the commission or if the
	court is petitioned to appoint a commission. The total number of
	members of the charter commission shall be determined by the
	governing body of San Antonio if the governing body of San Antonio
	initiates the appointment of the commission.
	(b)  If the governing body of San Antonio fails to appoint
	members within 60 days after the date of receiving notice of the
	commissioners court's intent to appoint a charter commission, the
	commissioners court shall appoint the requisite number of San
	Antonio residents to the commission. If the commissioners court
	fails to appoint members within 60 days after the date of receiving
	notice of the San Antonio governing body's intent to appoint a
	charter commission, the governing body of San Antonio shall appoint
	the requisite number of residents of the unincorporated area and of
	other municipalities in Bexar County to the commission.
	(c)  The membership of the charter commission, other than the
	members representing San Antonio, must be reasonably balanced
	between residents of other incorporated municipalities in Bexar
	County and residents of the unincorporated area of Bexar County.
	Sec. 92.007.  PREPARATION OF CHARTER. (a) The charter
	commission shall prepare the charter. The charter commission shall
	file its proposed charter with the commissioners court on or before
	the second anniversary of the date the first appointment to the
	commission is made.
	(b)  When the proposed charter is filed with the
	commissioners court, the commissioners court shall submit the
	charter to the United States Department of Justice for preclearance
	under Section 5, Voting Rights Act of 1965 (42 U.S.C. Section
	1973c). If the requirement for preclearance under that Act is not
	applicable to the proposed charter, the commissioners court shall
	submit the charter to the attorney general. The attorney general
	shall determine whether the adoption of the proposed charter would
	result in any retrogression in the effective voting strength of
	minority populations in the county, under standards and analyses
	similar to the standards and analyses applied to proposed local
	government charters under the federal Voting Rights Act.
	(c)  If the proposed charter is precleared or the attorney
	general determines that no retrogression would occur, the
	commissioners court by order shall call an election to approve the
	charter as proposed by the charter commission on the first uniform
	election date after the date the proposed charter is filed with the
	commissioners court that allows sufficient time to comply with
	applicable requirements of general law.
	(d)  If the proposed charter is not precleared or the
	attorney general determines that adoption of the proposed charter
	would result in retrogression in the effective voting strength of
	minority populations, the commissioners court shall return the
	charter one time to the charter commission for revision and
	refiling with the commissioners court before the 180th day after
	the date the charter is returned to the commission. If the revised
	proposed charter also is not precleared or the attorney general
	determines that retrogression still would occur, the commissioners
	court shall dissolve the commission. A new charter commission may
	be appointed under Section 92.001(a) or 92.002(a) or as required by
	a petition under Section 92.003.
	(e)  On the date of the election called by the commissioners
	court under Subsection (c), the charter commission is dissolved.
	Sec. 92.008.  ADOPTION OF CHARTER. (a) The adoption of the
	charter must be initially approved at the election by a majority of
	the votes received from the voters of Bexar County.
	(b)  If the charter provides for integration of the county
	with one or more municipalities, the governing body of each
	municipality, other than San Antonio, having more than one-half of
	the municipality's area in Bexar County shall call an election on
	the question of whether the municipality shall be integrated into
	the integrated county government. The election shall be held on the
	next uniform election date that is after the date the proposed
	charter is approved under Subsection (a) and that allows sufficient
	time to comply with applicable requirements of general law.
	(c)  If a majority of the votes received at an election under
	Subsection (b) favor the integration, the municipality is
	integrated into the county government under the terms of the
	charter.
	(d)  If a majority of the votes received at an election under
	Subsection (b) do not favor the integration, the municipality
	continues to exist and function as a municipality located in the
	county area according to the terms of the municipality's charter
	or, if the municipality does not have a charter, according to the
	terms of general law.
	(e)  If the charter provides for integration of the county
	with municipalities, the commissioners court shall call an election
	in the portion of the unincorporated area in each commissioners
	precinct on the question of whether that portion of the
	unincorporated area shall be integrated into an urban service
	district. The election shall be held on the next uniform election
	date that is after the date the proposed charter is approved under
	Subsection (a) and that allows sufficient time to comply with
	applicable requirements of general law.
	(f)  If a majority of the votes received at an election under
	Subsection (e) favor the integration, the portion of the
	unincorporated area in that commissioners precinct is integrated
	into the urban service district under the terms of the charter.
	(g)  If a majority of the votes received at an election under
	Subsection (e) do not favor the integration, the portion of the
	unincorporated area in that commissioners precinct remains outside
	the urban service district, subject to any charter provisions on
	expansion of the urban service district.
	(h)  Following the adoption of a charter that provides for
	integration of the county with municipalities and the initial
	election on integration of municipalities under Subsection (c), the
	county may later integrate additional municipalities, special
	districts, or other political subdivisions if:
	(1)  the county follows the conditions of the charter,
	if any, for additional governmental integration; and
	(2)  the majority of the votes received from the voters
	of the municipality, special district, or other political
	subdivision approve, at an election, the additional integration.
	Sec. 92.009.  GOVERNING BODY OF INTEGRATED COUNTY
	GOVERNMENT. (a) In order to protect minority voting rights and
	ensure equity among the voters of an integrated county government,
	a charter adopted under this section that provides for integration
	of the county and municipal governments must provide for a
	governing body that consists of:
	(1)  a presiding officer elected at large;
	(2)  four members elected from single-member districts
	that when placed together encompass the entire territory of Bexar
	County; and
	(3)  a number of members elected from single-member
	districts that when placed together encompass the territory of the
	integrated county government, and that include the territory
	outside Bexar County of any integrated municipalities and exclude
	the territory of any unintegrated municipalities.
	(b)  The number of districts established under Subsection
	(a)(3) must be sufficient to ensure that, in the first election
	following the integration of governments, the average population of
	the districts is no greater than the average population of
	single-member districts of the governing body of San Antonio before
	the date of the integration.
	Sec. 92.010.  SERVICE DISTRICTS. (a) In order to ensure
	equity among the taxpayers of an integrated county government, a
	charter that provides for integration of the county and
	municipalities must divide the area in the integrated county
	government into service districts for the purposes of taxation and
	the provision of services.
	(b)  One district shall encompass the entire territory of
	Bexar County before the date of the integration of local political
	subdivisions. In this district, the services that the integrated
	county government provides on an equal basis throughout the
	district are financed by the levy of ad valorem taxes or other taxes
	or revenues that are uniform throughout the district. This district
	is the "county service district."
	(c)  One district shall encompass at least the entire
	territory of San Antonio before the date of the integration of
	municipalities. This district may be expanded to coincide with the
	growth of urbanized areas, outside the territory and
	extraterritorial jurisdiction of unintegrated municipalities, as
	provided by the charter. In this district, the incremental
	services provided by the integrated county government, in addition
	to services provided by the county service district or at a higher
	level than the services provided by the county service district,
	are financed by an additional levy of ad valorem taxes or by the
	imposition of additional taxes or revenue raised solely in the
	district. This district is the "urban service district."
	(d)  One district shall encompass both the urban service
	district and all other territory of the integrated county
	government outside of unintegrated municipalities. In this
	district, incremental services provided by the integrated local
	government are financed by the additional levy of ad valorem taxes
	or by additional taxes or revenue raised solely in the district.
	This district is the "general services district."
	(e)  If a municipality other than San Antonio is integrated
	into the county government under Section 92.008(c), or if a
	municipality that remains unintegrated in the initial election
	following the adoption of the charter is integrated into the county
	government, the municipality may either be added to the urban
	service district established under Section 92.010(c) or become an
	additional and separate urban service district, as provided by the
	charter.
	Sec. 92.011.  AD VALOREM TAXES. In order to ensure equity
	among the taxpayers of an integrated county government, a charter
	that provides for integration of other political subdivisions must
	provide that an ad valorem tax levied for debt service of the
	general obligation debt that was authorized or issued by any
	integrated municipality, any special district, or any other
	political subdivision that is a part of the integrated county
	government shall continue to be levied:
	(1)  only in the area of the urban service district that
	replaces the integrated municipality; and
	(2)  only in the area of the special district or other
	political subdivision that is integrated.
	Sec. 92.012.  CONSOLIDATION OF EMPLOYEES. A charter that
	provides for integration of other political subdivisions must
	provide that every employee, other than an elected official, of the
	county and of every municipality, special district, or other
	political subdivision that becomes integrated into the integrated
	county government, whose position is abolished as a result of the
	integration of political subdivisions or whose position is
	abolished within two years after the date of the adoption of the
	charter by a reduction in force or administrative reorganization,
	must be offered alternative employment by the integrated county
	government at a salary at least equal to the salary of the abolished
	position and with substantially equal employee and retirement
	benefits.
	Sec. 92.013.  RETIREMENT BENEFITS. (a) A charter that
	provides for integration of local political subdivisions must
	provide for the continuation of the pension fund or the retirement
	system contributions by both the integrated county government and
	the employees of the integrated county government that would have
	been made by the former county government, the integrated
	municipalities, special districts, or other political subdivisions
	and the employees of those governments before the adoption of the
	charter.
	(b)  Employees of the integrated county government hired
	after the adoption of the charter shall be placed in an appropriate
	pension fund or retirement system.
	Sec. 92.014.  COLLECTIVE BARGAINING. A charter that provides
	for integration of other political subdivisions may not diminish
	the rights of any employees of the integrated county government to
	organize, to meet and confer, and to bargain collectively with the
	officials of the integrated county government over wages, hours of
	work, and other terms of employment as provided by state law.
	Sec. 92.015.  ANNEXATION. (a) A charter that provides for
	integration of municipalities must, within Bexar County, establish
	procedures for the progressive territorial expansion of the urban
	service district to reflect the growth of the urbanized area.
	(b)  In areas outside Bexar County, the integrated county
	government may take any action in respect to the urban service
	district that a municipality having the same size and population as
	the urban service district may take to annex territory to the
	district, to extend the district's extraterritorial jurisdiction,
	or to alter the boundaries of the district under this code.
	(c)  The extraterritorial jurisdiction located in Bexar
	County of a municipality that is not integrated under this chapter
	may not be expanded as a consequence of annexation by the
	municipality. The municipality may engage in boundary adjustments
	by agreement with the integrated county government.
	SECTION 2.  This Act takes effect on the date on which the
	constitutional amendment proposed by the 82nd Legislature, Regular
	Session, 2011, adding Section 64A, Article III, Texas Constitution,
	and providing for the adoption of a county charter in certain
	counties is approved by the voters. If that amendment is not
	approved by the voters, this Act has no effect.